Employment relationship based on appointment and employee claims

One of the ways to establish an employment relationship specified in the Labor Code is appointment.
In today’s entry, we will discuss the practical issue of appointment, i.e. we will answer the question of what are the conditions for terminating cooperation with an appointed employee and whether and, if so, what claims such an employee is entitled to in connection with the dismissal.
The principles of establishing and terminating an employment relationship based on appointment have been regulated slightly differently than in the case of an employment contract. Appointment may only take place in cases specified in separate regulations. As a rule, an employment relationship based on appointment is established for an indefinite period. On the other hand, dismissal may occur at any time and, as a rule, does not require indicating the reason (except for immediate dismissal equated to termination of the contract for reasons specified in art. 52 or 53 of the Labor Code). Importantly, due to the separate nature of the appointment relationship, in the event of a defective dismissal, the employee is not entitled to a claim for reinstatement to work or remuneration for the period of unemployment. The employee may only retain the right to compensation under art. 45 § 1 of the Labor Code and 47 1 k.p., in connection with joke. 69 k.p.

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